Andhra Pradesh High Court - Amravati

Gonuguntla Srikanth, vs The State Of Andhra Pradesh, on 15 February, 2021

Bench: Arup Kumar Goswami, C.Praveen Kumar

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE FIFTEENTH DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY
:PRESENT: (SG
THE HON'BLE THE CHIEF JUSTICE SRI ARUP KUMAR GOSWAWAK= (xs
AND
THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR
WA.No. 10, 16, 18, 19, 66 & 153 of 2020

WA.No. 10 of 2020:

Between:

1.

2.

3.

8.

9.

Gonuguntla Srikanth, Slo. Anjaneyulu, Aged 46 years, Occ- Asst. Govt.
Pleader, Ongole, Prakasam District.

Yaddanapudi Anil Kumar, S/o. Jaya Prakasa Rao Aged 39 years, Occ- Asst.
Govt. Pleader, Markapuram, Prakasam District.

Vallela Venkata Rami Reddy, S/o. Veera Reddy, Aged 62 years, Occ- Asst.
Govt. Pleader, Giddaluru, Prakasam District.

Bantu Ravi Kumar, S/o. Vandanam, Aged 58 years, Occ- Asst. Govt.
Pleader, Darsi, Prakasam District.

Mupparapu Prema Leelavathi, D/o. M. Jacob, Aged 59 years, Occ- Asst.
Govt. Pleader, Kanigiri, Prakasam District.

Kantu Venkata Lakshmi Narayana, S/o. Venkateswarlu, Aged 60 years Occ-
Asst. Govt. Pleader, Kandukuru, Prakasam District.

Sakhamuri Purn Chandra Rao, S/o. Kondala Rao, Aged 50 years Occ- Asst.
Govt. Pleader, Vijayawada, Krishna District.

Gummadi Subba Rao, S/o. Narasimha Rao, Aged 48 years Occ- Govt.
Pleader, Machilipatnam, Krishna District.

Pathan Baji Sherif Khan, S/o. P.B. Khan, Aged 43 years Occ- Asst. Govt.
Pleader, Gudivada, Krishna District.

10. Bondalapati Rama Krishna Rao, S/o. Appa Rao, Aged 50 years Occ- Asst.

Govt. Pleader, Nandigama, Krishna District.

14. Kanakapudi Abraham, S/o. Ismael, Aged 40 years Occ- Asst. Govt. Pleader,

Thiruvuru, Krishna District.

12.Kolli Marshall Stalin, S/o. KRM Chowdary, Aged 61 years Occ- Asst. Govt.

Pleader, Jagayyapet, Krishna District.

13.Amarathala Someswara Rao, S/o. Yacob, Aged 41 years Occ- Asst. Govt.

Pleader, Gannavaram, Krishna District.

14. Medisetti Pamulu, S/o. Krishna Murthy, Aged 45 years Occ- Asst. Govt.

IN

Oro & Od

Pleader, Kaikaluru, Krishna District.
ae Appellants
AND

. The State of Andhra Pradesh, rep.by its Principal Secretary, Department of

Law and Courts, Secretariat Buildings, Velagapudi, Guntur District.
The Secretary to Government Legal and Legislative affiars and Justice,
Secretariat Buildings, Velagapudi, Guntur District.

The District Collector, Ongole, Prakasam District.

The District Judge, Ongole, Prakasam District.

The District Collector, Krishna Machilipatnam, Krishna District.

The District Judge, Krishna, Machilipatnam, Krishna District.

seen .Respondents

Appeal under Clause 15 of the Letter Patent Act, filed against the order made in WP..No. 16472 of 2019, dated 19.12.2019, on the file of the High Court.

IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend

the impugned Memo No.1794/57/G/2019, dated 19.09.2019 issued by the Respondent No.2 in calling fresh panels for appointment to the posts of Government Pleaders and Assistant Government Pleaders to the Courts in the list enclosed with the Memos addressed to the Collector and District Mangistrate Prakasam District and the Collector and District District Mangistrate Krishna District, pending disposal of WA No. 10 of 2019, on the file of the High Court.

The Appeal coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the Orders of the High Court, dated 08.01 .2020, 12.02.2020, 14-08-2020, 05-10-2020 & 12-10-2020 made herein and upon hearing the arguments of Sri.Prabhu Nath Vasireddy, Advocate for Appellants, the Advocate General for Respondents, the Court made the following:

WA.No. 16 of 2020:

Between:

Talluri Ravi Kumar, S/o. Saidaiah, Aged 50 years, Occ- Government Pleader, Visakhapatnam, Visakhapatnam District.

wanes Appellant AND

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Department of Law and Courts, Secretariat Buildings, Velagapudi, Guntur District.

2. The Secretary to Government Legal and Legislative affiars and Justice, Secretariat Buildings, Velagapudi, Guntur District. The District Collector, Visakhapatnam, Visakhapatnam District. The District Judge, Visakhapatnam, Visakhapatnam District.

wean Respondents Appeal under Clause 15 of the Letter Patent Act, filed against the order made in WP.No.17363 of 2019, dated 19.12.2019, on the file of the High Court.

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned Memo No.1794/57/G/201 9, dated 19.09.2019 issued by the Respondent No.2 in calling fresh panels for appointment to the posts of Government Pleaders and Assistant Government Pleaders to the Courts in the list enclosed to the Collector and District Magistrate Visakhapatnam, pending disposal of WA No. 16 of 2020, on the file of the High Court.

The Appeal coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the Orders of the High Court, dated 08.01.2020, 11.02.2020, 19.06.2020 and 14.08.2020 05.10.2020, 12.10.2020 made herein and upon hearing the arguments of Sri.Prabhunath Vasireddy, Advocate for Appellants and the Advocate General for Respondents, the Court made the following

W.A.No. 18 of 2020:

Between :-

1. Vennala Eswara Rao, S/o Tatalu, Aged 56 years, Occ:Additional Public Prosecutor, 8th Additional District and Sessions Judge's Court, Door No.6- 80-25, Datta District and Sessions Court, Gajuwaka, Visakhapatnam, A.P.

2. P. Simhachalam Naidu, S/o Demudu Naidu, Aged 53 years, Occ:Public Prosecutor, Pri. District and Sessions Judge's Court, Door No.14-147/5, Flat No.GF-4, Viajay Prasanthi Paradise, FCI Colony, PM Patella, Visakhapatnam Rulra, A.P.

3. R. Srinivasa Rao, S/o Bhima Rao, Aged 57 years, Occ:Additional Public Prosecutor, VI Additional District and Sessions Judge's Court-cum-Mahila

Court, Visakhapatnam, Door No.49/54-9/2/12, B.S. Layout, Seethamma ~ Dhara, Visakhapatnam Urban, A.P.

4. J. Atcham Naidu, S/o Arjuna, Aged 55 years, Occ : Additional Public Prosecutor, VII Additional District and Sessions Judge's Court, Butchiyya Peta, Mandalam, Dibbidi, Visakhapatnam, A.P.

5. Ms. Gorli Krishnaveni, D/o G.V.A.N. Murthy, Aged 48 years, Occ:Additional Public Prosecutor, Court of Assistant Sessions Judge, Chodavaram, D.No.8-140, Balajinagar Street, Chodavaram, Visakhapatnam, A.P.

6. Kotla Veera Venkata Venugopala Rao, S/o Ramaswamy, Aged 59 years, Occ:Additional Public Prosecutor, Assistant Sessions Court, Anakapalli, Door No.12-4-71/1, Pudimadaka Road, Anakapaili Town and Mandal, Visakhapatnam.

7. K. Pardhasaradhi, S/o Late Suryanarayana, Aged 48 years, Occ:Additional Public Prosecutor, 5th Additional District and Sessions Judge's Court, 57- 27-52/1, Sriramnagar, Visakhapatnam, A.P.

8. RT. Gangaraju, S/o Narayana, Aged 54 years, Occ:Additional Public Prosecutor, Assistant District and Sessions Judge's Court, D.No.C-53(3), Vajragada, Visakhapatnam, A.P.

9 P. Rambabu, S/o Late Tatha Rao, Aged 52 years, Occ:Additional Public Prosecutor, 8th Additional District and Sessions Judge's Court, D.No.10-4- 30/1, Kailash Nagar, Gajuwaka, Visakhapatnam-530026, A.P.

10.V. Nageswara Rao, S/o Muthyalu, Aged 50 years, Occ:Additional Public Prosecutor, 10th Additional District and Sessions Judge's Court, D.No.11-4- 176, Peechupalem, Narasapuram, West Godavari District, A.P.

41.Thummala Yamuna, W/o R.S. Murali Krishna, Aged 46 years, Occ:Additional Public Prosecutor, 2nd Additional District and Sessions Judge's Court, D.No.26-203A, Moolasagaram, Nandyal, Kurnool District, AP. ,

12.K. Hussain Basha, S/o Hussain Saheb, Occ:Additional Public Prosecutor, Additional District and Sessions Judge's Court, D.No.20-102-6C, Gudipatigadda, Nandyal, Kurnool District, A.P.

13.T. Mohammad Rafeeq, S/o T. Hussain Saheb, Aged 54 years, Occ:Additional Public Prosecutor, 3rd Additional District and Sessions Judge's Court, D.No.30/49-P1, Near Govt. Polytechnical College, Nandyal, Kurnool District, A.P.

14.S.A. Subhan, S/o A.S.Md. Shareef, Aged 50 years, Occ:Public Prosecutor, Flat No.502, B-Block, Gandhi Towers, Sunkesula Road, Kurnool Town and District, A.P.

15.Avula Keerthi Sekhar, S/o Raghunadhaiah Late, Aged 51 years, Occ:Additional Public Prosecutor, V Additional District and Sessions Judge's Court, H.No.587, Balaji Colony, Tirupati, Chittoor District, A.P.

16.T. Shiva Prasad Reddy, S/o T.P. Gangi Reddy, Aged 42 years, Occ:Additional Assistant Public Prosecutor, Assistant Sessions Court, Pieleru, Chittoor Distritct H.No.4-99, Pedda Kambireddygari Palle, Pieleru, Chittoor District, A.P..

ween Appellants/Petitioners AND

4. The Government of Andhra Pradesh, Rep. by its Principal Secretary, Home (Courts.A) Department, 2nd Block, Ground Floor, Room No.185, A.P Secretariat, Velagapudi, Amaravati, Guntur District.

2. The Government of Andhra Pradesh, Rep. by its Secretary, Legal Affairs, Department of Law, 1st Block, Ground Floor, Room No.154, A.P Secretariat, Velagapudi, Amaravati, Guntur District.

3. The Director of Prosecutions, Government of A.P., Door No.24-1158, 2nd Floor, Sri Narayanaswami Complex, Rangaiah Street, B.R.T.S. Road, Durgapuram, Vijayawada, Andhra Pradesh -520003.

4. The District Magistrate and Collector, Krishna Nagar, Visakhapatnam- 530002, Visakhapatnam District, A.P.

5. The District Magistrate and Collector, Chittoor Town and District-517002, A.P.

wenn Respondents

Appeal under Clause 15 of the Letter Patent Act, filed against the order made in WP.No.17993 of 2019, dated 19.12.2019, on the file of the High Court.

1.A. No. 1 of 2020 :-

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the operation of the Government Memo No.HOM01-CRTSOPROE/4/2019-COURTS-A, dated 18.09.2019 issued by the 1° respondent, pending disposal of the Writ Appeal, consequently direct the Respondents 1 & 2, not to appoint any Law officer to the position of Public Prosecutor held by the Petitioners/appellants, pending disposal of W.A.No.18 of 2020, on the file of the High Court.

The Appeal coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court, dated 08.01.2020, 11-02-2020, 14-08-2020, 05-10-2020 & 12-10-2020 made herein and upon hearing the arguments of Sri.T.Sreedhar, Advocate for Appellants and the Advocate General for Respondents, the Court made the following

W.A.No. 19 of 2020:

Between:

Kondapalli Sridevi, W/o.Nageswara Rao, Aged 39 years, Occ: Asst. Government Pleader, Vijayawada, Krishna District.

ween Appellant . AND

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Department of Law and Courts, Secretariat Buildings, Velagapudi, Guntur District.

2. The Secretary to Government, Legal and Legislative affiars and Justice Secretariat Buildings, Velagapudi, Guntur District.

3. The District Collector, Krishna, Krishna District:

4. The District Judge, Krishna, Krishna District. vives Respondents Appeal under Clause 15 of the Letter Patent Act, filed against the order made in WP.No.19142 of 2019, dated 19.12.2019, on the file of the High Court.

1.A. No. 1 of 2020 :-

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned Memo No.1794/57/G/2019, dated 19.09.2019 issued by the Respondent No.2 in calling fresh panels for appointment to the posts of Government Pleaders and Assistant Government Pleaders to the Courts in the list enclosed to the Collector and District Magistrate Krishna District, pending disposal of W.A.No.19 of 2019, on the file of the High Court.

The Appeal coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and Orders of High Court dt. 08-01-2020, 11-02-2020, 14.08.2020, 05-10-2020 and 12-10-2020 made herein and upon hearing the arguments of SRINAGESWARA RAO CHAVA, the Advocate for Appellant and the Advocate General for Respondents.

WRIT APPEAL No. 66 of 2020:

Between:

1. Vankayalapati Hari Krishna, S/o.Sambasiva Rao, Aged 45 years, Occ Asst.Govt.Pleader, Kothapet, Chirala, Prakasam District.

2. Punati Ramaiah, S/o.Kondaiah, Aged 53 years, Occ Asst.Govt.Pleader, - Addanki, Prakasam District.

3. Kolla Narendra Kumar, S/o. Subnba Rao, Aged 55 years, Occ Asst.Govt.Pleader, Parchur, Prakasam District.

4. Molakalapalli Ajoy Babu, S/o.Venkata Krishnaiah, Aged 56 years, Occ Govt. Pleader, Ongole, Prakasam District.

.... Appellants AND

4. The State of Andhra Pradesh, rep. by its Principal Secretary, Department of Law and Courts, Secretariat Buildings, Velagapudi, Guntur District.

2. The Secretary to Government, Legal and Legislative affiars and Justice

Secretariat Buildings, Velagapudi, Guntur District.

The District Collector, Ongole, Prakasam District.

The District Judge, Ongole, Prakasam District

....Respondents

Appeal under Clause 15 of the Letter Patent Act, filed against the order made in W.P.No.19146 of 2019, dated 19.12.2019, on the file of the High Court.

1.A. No. 1 of 2020 :-

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned Memo No.1794/57/G/2019, dated 19.09.2019 issued by the Respondent No.2 in calling fresh panels for appointment to the posts of Government Pleaders and Assistant Government Pleaders to the Courts in the list enclosed with the Memos addressed to the Collector and District Magistrate Prakasam District, pending disposal of WA No. 66 of 2020, on the file of the High Court.

The Appeal coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the Orders of the High Court, dated 21.01.2020, 11-02- 2020, 14.08.2020, 05-10-2020 and 12-10-2020 made herein and upon hearing the arguments of Sri Madhava Rao Nalluri, Advocate for Appellants and of the Advocate General for Respondents, the Court made the following

WA No. 153 of 2020:

Between:

Sukala Santhi Narayana Prahalad, S/o. late Appala Naidu, Advocate & Asst. Government Pleader, R/o. Sarada Nagar, Narasipatnam Municipality & Mandal, Visakhapatnam District.

...Appellant/Writ Petitioner.

AND

4. The State of Andhra Pradesh, rep. by the Secretary to Government, Legal and Legislative Affairs and Justice, Law Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District.

2. The District Collector, Visakhapatnam District at Visakhapatnam.

....Respondents/Respondents.

Appeal under Clause 15 of the Letter Patent Act, filed against the order dated 19/12/2019 made in W.P.NO. 17595 of 2019.

L.A. No. 1 of 2020 :-

Petition under Section 151 CPC praying that in the circumstances stated in the

affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings pursuant to the Memo No. 1794/57/G/2019, dated 19-09-2019

issued by the Secretary to Government, Legal and Legislative Affairs & Justice, Law Department, the 1% respondent herein, pending disposal of WANo. 153 of 2020, on the file of the High Court.

The Appeal coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the Orders of the High Court dated 14-08-2020, 05-10-2020 and 12-10-2020 made herein and upon hearing the arguments of Sri M.Siva Kumar, the Advocate for Appellant Advocate General for Respondents, the Court made the following

ORDER:

(Through Video Conferencing)

Heard Mr. Prabhunath Vasireddy, learned counsel for the appellants in W.A.No.10 of 2020, W.A.No.16 of 2020, W.A.No.19 of 2020 and W.A.No.66 of 2020, Mr. T. Sreedhar, learned counsel for the appellants in W.A.No.18 of 2020 and Mr. M. Siva Kumar, learned counsel for the appellant in W.A.No.153 of 2020.

Also heard Mr. S. Sriram, learned Advocate General.

At the outset, Mr. T. Sreedhar, submits that W.A.No.17 of 2020 is also arising out the very same judgment.

Learned counsel for the appellants pray for taking up these appeals after four weeks along with W.A.No.17 of 2020.

Mr.S.Sriram has submitted that though term of some of the appellants has expired, they are continuing to discharge their duties in terms of interim orders passed by this Court and, therefore, suitable observations may be made by this Court to permit the State Government to appoint persons in respect of those Law Officers whose term had expired.

Learned counsel for the appellants submits that prayer made by Mr. S. Sriram, is reasonable and they would have no objection to that.

in view of the same, we provide that the State Government may take steps to engage/appoint Law Officers whose term had already expired.

Registry will list these cases after four weeks, as prayed for by the learned counsel for the appellants along with W.A.17 of 2020.

Interim order passed earlier in respect of the Law Officers whose term has not expired, shall continue until further orders."

SD/- G.Srinivasa Redd ASSISTANT REGISTRAR

IITRUE COPY// Lt for ASSISTANT R

One CC to Sri.Prabhu Nath Vasireddy, Advocate (OPUC) Two CCs to The Advocate General, High Court of A.P. (OUT) One CC to Sri T.Shreedar, Advocate [OPUC]

One CC to Sri Nageswara Rao Chava, Advocate [OPUC] One CC to Sri Madhava Rao Nalluri, Advocate [OPUC]

One Cc to Sri Siva Kumar, Advocate [OPUC]

Two Spare copies

NOOR WON >

HIGH COURT

HCJ

CPK

DATED: 15-02-2021

NOTE: LIST THESE CASES AFTER FOUR WEEKS

ORDER

WA.No.10, 16, 18, 19, 66 & 153 of 2020

EXTENSION OF EARLIER INTERIM ORDER